Current as of April 14, 2021 | Updated by FindLaw Staff
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(a) The district may be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.
(c) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the district as of the effective date of the Act enacting this chapter.
(d) The district's board of directors, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.
(e) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the territory of each new district;
(3) appoint temporary directors serving staggered four-year terms for each new district; and
(4) provide for the division of assets and liabilities between or among the new districts.
(f) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the Texas Commission on Environmental Quality and record the order in the real property records of each county in which the district is located.
(g) A new district created by the division of the district is not required to hold a confirmation election.
(h) The consent of a municipality or county is not required for the creation of any new district under this section if the new district's creation complies with Subsection (c).
(i) A new district created by the division of the district must hold an election to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.
Cite this article: FindLaw.com - Texas Special District Local Laws Code - SDLL § 9044.055. Division of District - last updated April 14, 2021 | https://codes.findlaw.com/tx/special-district-local-laws-code/sdll-sect-9044-055.html
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